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GOVERNMENT OF
THE DISTRICT OF COLUMBIA
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ZONING COMMISSION
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REGULAR MEETING
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MONDAY
APRIL 12, 1999
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The commission met in Room 220 at 441 4th Street,
Northwest, Washington, D.C., at 1:30 p.m., Jerrily R. Kress,
Chairperson, presiding.
ZONING COMMISSION MEMBERS PRESENT:
Jerrily R. Kress Chairperson
Angel F. Clarens Commissioner
Herbert M. Franklin Commissioner
Anthony Hood Commissioner
John F. Parsons Commissioner
STAFF PRESENT:
Sheri Pruitt-Williams, Interim Director, Office of
Zoning
Stefanie D. Brown, Office of Zoning
Vincent Erondu, Office of Zoning
Alberto Bastida, Office of Planning
Dave Colby, Office of Planning
Patricia Young, Esq., Office of Corporation Counsel
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I-N-D-E-X
Preliminary Matters 3
Action on Minutes 3
Proposed Action 4
Hearing Action
99-1 Consolidated PUD Fort Lincoln Housing 5
Final Action
98-19 Text Amendments 23
98-9 Map Amendment, 1900 block of
9th St,NW 29
90-20F/87-4P PUD at Capital Point 35
Consent Calendar 36
Status Report
Open Space Zoning 45
Report of the Director
Correspondence 56
88-16C Consolidated PUD at 901 New York 56
Avenue, N.W.
98-1M/97-9C PUD Modification, Map
Amendment at 2200 M 00 M Street, N.W. 59
Other Business 60
Meeting Adjourned 73
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P-R-O-C-E-E-D-I-N-G-S1
(1:42 p.m.)2
CHAIRPERSON KRESS: I'd like to call to order3
our 1085th meeting session the 4th of 1999. This is the Zoning4
Commission Regular Meeting. I’m Jerrily Kress, Chairperson.5
Joining me this afternoon are Commissioners Franklin, Hood and6
Parsons. With that I’d like to first begin with preliminary7
matters.8
MS. PRUITT-WILLIAMS: Madam, Chairstaff has no9
preliminary matters.10
CHAIRPERSON KRESS: Thank you. With that I do11
have one preliminary matter. There were several things that12
were left out of our packet, that were noted on the agenda,13
that you have received that are in front of you. I have asked14
staff in the future, when items are not included in our15
package to please make a note, so that we know that they are16
not there and then can be aware that we need to review them17
prior to the meeting such as today.18
Next we’ll do action on minutes --19
MS. PRUITT-WILLIAMS: Madame Chair, the regular20
public minutes for March 8th are before you today for21
consideration.22
CHAIRPERSON KRESS: Thank you. I have one23
general comment, and that is that under Item 3, Preliminary24
Matters, I would like the Case Number to be named with the25
address as it is in the rest of the minutes, for some reason26
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that wasn’t done under Preliminary Matters.1
So we’re -- has the Case Number 98-9 -- it needs2
to have what the name is, and what the address is, and the3
same thing has to do with Item Number B that speaks to several4
cases, and we need their names and addresses, I think, in the5
minutes and also why -- what this is about.6
We have reduced our minutes to be very brief and7
to the point, but I think it is helpful to at least know what8
the issues are that we’re considering. So I would like to9
make those two changes to the minutes.10
Does anybody else have any other comments on the11
minutes before accepting them? If not, do I hear a motion to12
--13
MR. HOOD: With that, Madame Chair, I’d like to14
make a motion that we accept the minutes with the necessary15
corrections.16
CHAIRPERSON KRESS: Thank you. Is there a17
second?18
MR. PARSONS: Second.19
CHAIRPERSON KRESS: Any further discussion?20
All in favor signify by saying aye.21
(Chorus of ayes.)22
MS. PRUITT-WILLIAMS: Staff would record the23
vote as four to zero to approve the minutes. Motion made by24
Mr. Hood and seconded by Mr. Parsons.25
CHAIRPERSON KRESS: Thank you.26
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Next I would point out that there was an error1
included in your package. An OP Report on 98-20, the Walter2
Washington Estates, that we cannot address yet because the3
record has not closed, and we are requiring four more pieces4
of additional information. So that was included erroneously5
in the packet.6
Next I’d like to move to Hearing Action, and the7
first item on the -- or the item under the Hearing Action is8
99-1, the Fort Lincoln Housing, and with that I’d like to ask9
for Office of Planning to comment on the case.10
I’d just like to say one point as you’re11
commenting on this. I think most of us were caught off guard12
in that there were two cases being asked for. Essentially one13
with so many housing units of a certain type and then in the14
alternative, another, and we were kind of -- I was at least15
confused, since I had never approved alternates before, and so16
maybe in your report you could address that, if you would, Mr.17
Bastida.18
MR. BASTIDA: I’ll try to do that Madam19
Chairperson.20
For the record, my name is Alberto Bastida with21
the D.C. Office of Planning. The Office of Planning submitted22
its record on April 1st, and maybe that’s where you’re having23
the problem. It’s April Fool’s Day.24
(Laughter.)25
So what the applicant -- the reason why there26
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were two alternatives is, the applicant is concerned of the1
marketing of the townhouses and wanted to have the opportunity2
to do the townhouses and the condominium, if during the3
process of the sales that turned out to be the case.4
The Office of Planning saw no objection to that,5
so it’s really you would be -- if you’d like to do so, you6
would approve one, and then the alternative -- the second.7
If you feel uncomfortable with that, we can work8
with the applicant to see how we can subdivide the PUD to have9
it more clean-cut. It’s not a usual request, but it hasn’t10
been unusual many years back to make such a request.11
CHAIRPERSON KRESS: How did we handle that12
before? We’ve had this before with some of the housing13
projects, where there was a concern about marketing types of14
units. How have we handled that previously?15
MR. BASTIDA: You gave the approval, and then16
you put that if the marketplace in fact couldn’t do -- if the17
unit will not be marketable, then the option of doing the18
second -- the amended PUD would take place.19
We did that across the street with the20
firehouse.21
CHAIRPERSON KRESS: Uh huh.22
MR. BASTIDA: In which that PUD is approved with23
two alternatives. One is to build it without including the24
firehouse, and the other includes the firehouse. And they25
provided drawings and specifications and 30 percent completion26
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for both facades -- I mean it is not facades -- for both1
alternatives. In that way they can go with alternative A or2
with alternative B.3
But the Commission, through the hearing process,4
established that there was a rationale to approve both5
alternatives.6
CHAIRPERSON KRESS: Are they alternatives, or is7
one adopted and then the other a modification?8
MR. BASTIDA: No, they were alternatives.9
CHAIRPERSON KRESS: And they were alternatives10
approved?11
MR. BASTIDA: Yes. It will be -- the PUD will12
be this way or will be A or will be B. It will not be a13
modification -- my understanding is that there will not be a14
modification -- a kind of modification, because you are15
looking at it both ways. So it is an alternative. So it was16
alternative A and alternative B.17
And I think my memory serves me correct, because18
I handled that case many years ago, and if you would like me19
to go and do some exploration on the record, I will be glad to20
do so.21
CHAIRPERSON KRESS: I’m sorry I interrupted you,22
did you have anything else you’d like to comment on -- the23
project?24
MR. BASTIDA: I assume that the discussion of25
the two alternatives has been enough clarified for you at this26
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time?1
CHAIRPERSON KRESS: No, there might be other2
questions. I just wanted to finish any comments you had3
before I opened it for general questions.4
MR. BASTIDA: Okay. The Office of Planning, as5
I stated previously, filed this application on April 1st. We6
provided the applicant’s proposal, site location, and then7
existing zoning, and planning and zoning-related issues8
consistent with the comprehensive plan evaluation of the9
standard of section 2403, Neighborhood Impact Zoning, and the10
amenities proffered by the applicant.11
The Office of Planning, based on the preliminary12
report -- the preliminary review of this application, has13
determined that the application meets the threshold of14
reasonableness for the Commission to consider the case at the15
public hearing.16
The proposed project on its face is consistent17
with the comprehensive plan, and the generalized land-use map,18
and the review undertaken so far indicates that the proposed19
project could have substantial benefits to the District of20
Columbia through the construction of either 95 single family21
detached dwellings or 85 single detached dwellings and 3022
condominium units.23
The Office of Planning is concerned about the24
quality of the building materials proposed for the facades of25
the dwelling. If this application is scheduled for public26
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hearing, the Office of Planning will work with the applicant1
regarding the proposed building materials.2
The Office of Planning recommends that the3
Zoning Commission schedule a public hearing for the proposed4
development.5
That concludes my presentation, Madam6
Chairperson, and I will try to answer any questions you might7
have. Thank you.8
CHAIRPERSON KRESS: Thank you.9
Questions for the Office of Planning?10
COMMISSIONER PARSONS: I’m confused by this, so11
I need some help.12
I’m looking at the site development plans which13
are contained in the booklet under Tab A, and sheets 407, 507,14
607, 707. What do they mean? Please describe those to me?15
MR. BASTIDA: Mr. Parsons I couldn’t quite hear16
you.17
COMMISSIONER PARSONS: Could you describe these18
four plans and tell us what are in these?19
MR. BASTIDA: Which four --20
CHAIRPERSON KRESS: 407, 507 --21
COMMISSIONER PARSONS: Four, five, six and22
seven.23
CHAIRPERSON KRESS: And 607.24
COMMISSIONER PARSONS: I assume these are two25
alternatives, but I don’t understand it.26
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MR. BASTIDA: I’m reviewing them -- okay.1
Four of seven shows you on the western portion2
of the site which is the extreme right-hand side of the sheet,3
the alternative with the condominium.4
COMMISSIONER PARSONS: So the condominium is on5
the right side of the sheet --6
MR. BASTIDA: Correct.7
COMMISSIONER PARSONS: -- and appear to be8
townhouses -- or attached houses.9
MR. BASTIDA: The architecture appears that way,10
but they will be a little higher, so it will not be11
townhouses, and it will not look like townhouses, totally,12
even though the developer does not propose to go any higher13
than it was permitted on the matter of right under existing14
zoning.15
COMMISSIONER PARSONS: And that’s 40 feet?16
MR. BASTIDA: I don’t think he’s going that17
high.18
COMMISSIONER PARSONS: I thought that’s what19
your report said. Okay.20
Then what would 507 be?21
MR. BASTIDA: 507 is the --22
COMMISSIONER PARSONS: -- same thing, detailed23
landscape –24
MR. BASTIDA: Let me -- yes.25
CHAIRPERSON KRESS: I think they're all the26
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same.1
MR. BASTIDA: 507, yes.2
Now if I recall correctly, 607 is with3
townhouses.4
CHAIRPERSON KRESS: All three of those plans5
appear to have the townhouses on them. They just appear to me6
to be a landscape plan and a circulation plan. It doesn’t7
seem to be --8
COMMISSIONER PARSONS: That’s what I thought.9
CHAIRPERSON KRESS: I don’t see an alternative10
plan --11
COMMISSIONER PARSONS: One’s a side plan, one’s12
a circulation, one’s landscaping, one’s grating.13
So where is this second alternative?14
Or isn’t it graphically displayed?15
MR. BASTIDA: I stand corrected. A closer look16
to the plans as stated here, it appears that your statement17
Mr. Parsons and your statement Mrs. Kress is correct. It18
appears to be one of the same one.19
At the time that I met with the applicant and20
went through these, it was explained to me and they did have21
two different plans. Maybe you might -- but what I’m not22
incorrect about is that in fact that extreme western portion23
of the site, which is the part closest to your right, would be24
the location of the condominium.25
COMMISSIONER PARSONS: All right then let’s go26
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ahead to the drawings.1
MR. BASTIDA: Okay.2
COMMISSIONER PARSONS: Excuse me. The drawings3
immediately following these.4
The first one is of a house with a two-car5
garage.6
MR. BASTIDA: That is correct.7
COMMISSIONER PARSONS: The next is a floor plan,8
the next is a floor plan, and then we come to something9
labeled Ft. Lincoln condos.10
MR. BASTIDA: That is correct.11
COMMISSIONER PARSONS: These appear to what I’ll12
characterize as townhouses.13
MR. BASTIDA: That -- I would agree with you,14
for such.15
COMMISSIONER PARSONS: All right.16
I’m presuming -- and here’s my question. That17
one -- the design of this project will remain the same.18
They’re asking for flexibility to sell the units, which I’ll19
call townhouses, as condominium regime rather than single-20
family, attached, residential units.21
That’s the only difference here -- is the22
mechanism for ownership, I think.23
MR. BASTIDA: No.24
COMMISSIONER PARSONS: Not a completely25
different site plan.26
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MR. BASTIDA: No. No, it is not. There is a1
difference. And it is not clearly portrayed here on the site2
plan, but there will be a difference. Because the3
condominiums will look more like a multifamily, residential4
building than the townhouses. And it’s not solely how it is5
going to be sold, but it also goes to the physical aspect of6
how the building will look like.7
COMMISSIONER PARSONS: But that isn’t really8
before us yet--9
MR. BASTIDA: Well --10
COMMISSIONER PARSONS: -- in this package.11
MR. BASTIDA: I would agree with you that there12
is not enough information to really ascertain what is proposed13
as well as when it was presented to me -- I mean to the Office14
of Planning.15
COMMISSIONER FRANKLIN: But there’s enough in16
your view for us to set it down and require that there be some17
clarification?18
MR. BASTIDA: That would be my advice, Mr.19
Franklin.20
COMMISSIONER HOOD: I just want to add -- I21
believe what they are requesting -- the first alternative is22
the 95 single-family homes.23
MR. BASTIDA: That is correct.24
COMMISSIONER HOOD: The second alternative, if25
that doesn’t work, is the 85 or 80 single-family homes --26
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CHAIRPERSON KRESS: 80.1
COMMISSIONER HOOD: -- along with the2
condominiums --3
CHAIRPERSON KRESS: -- with 30 condominiums.4
COMMISSIONER HOOD: -- with 30 condominiums.5
MR. BASTIDA: -- which it will increase6
basically the number of dwelling units. But it will not7
impact that much the lot coverage or the FAR.8
COMMISSIONER HOOD: So the first alternative9
before the Commission would be, if it’s set down as the10
dwelling, the 95 single-family homes?11
MR. BASTIDA: That is correct.12
COMMISSIONER HOOD: Okay.13
MR. BASTIDA: Well, if you were going to set it14
down now, I think that what Mr. Franklin alleges is that, in15
fact, you’re setting the two proposals down, the 95 homes plus16
the 80 or 85 plus the 30 condominiums.17
Or perhaps I should have let Mr. Franklin18
explain for himself.19
COMMISSIONER FRANKLIN: Well, I just -- Mr.20
Bastida’s correct. I think at this point, rather than trying21
to speculate on what is before us, if in general we’re being22
told there’s enough information for us to set it down, with23
the understanding that they’re going to come forward with two24
alternatives, that they present us with plans that are25
sufficient in detail to show us what each alternative would26
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look like in terms of the usual requirements for a PUD in each1
instance, and then we can decide at that time, or after a2
hearing, whether we want to entertain the approval of3
alternative A and alternative B and how one alternative gets4
triggered.5
COMMISSIONER HOOD: If that’s an order annd6
that's in the form of a motion, I’ll second it.7
CHAIRPERSON KRESS: All right –8
COMMISSIONER FRANKLIN: It is a motion.9
COMMISSIONER HOOD: I’ll second the motion.10
CHAIRPERSON KRESS: All right. So Commissioner11
Franklin moves that we set this down, and Commissioner Hood12
seconds. I would just like to say that typically we do13
require more detail right now on the plans. On the14
condominium it’s not clear from the diagram of the15
condominiums, in the plan of the condominium, that this is the16
only unit, and how they are assembled to make the17
configuration on the plan. So we need full floor plans of the18
condominiums, I feel, to be able to make our decision.19
Also, we need -- I don’t see a lighting plan.20
We need our typical lighting plans, site lighting plans. If21
I’m not mistaken, I don’t see that either, and material22
samples -- the regular things that we need for a PUD, I would23
just say, is what we would be looking for in order to make our24
decision.25
COMMISSIONER FRANKLIN: For each alternative.26
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CHAIRPERSON KRESS: For each alternative.1
MR. BASTIDA: Madam Chairperson, if you were to2
set it down for a hearing, we will strive to do that. The3
applicant is here, and he’s listening to you rather4
attentively, and the Office of Planning is doing the same.5
We work with the applicants to do that and also6
to make sure that the 30 per cent DD is in fact accomplished7
for both alternatives, so the Commission has all the8
information that the Commission needs to make a sound decision9
based on facts of this project.10
CHAIRPERSON KRESS: Perfect.11
MS. PRUITT-WILLIAMS: Madam Chair?12
CHAIRPERSON KRESS: Excuse me?13
MS. PRUITT-WILLIAMS: Mr. Parsons did proxy a14
vote and a –15
CHAIRPERSON KRESS: Mr. Parsons?16
MS. PRUITT-WILLIAMS: I’m sorry, Mr. Clarens.17
(Laughter.)18
CHAIRPERSON KRESS: I just would like to share19
it with you before you go into final vote. He is in favor --20
he would vote favorably for this if it was changed to a two21
stage PUD. He believes that as it is right now, it’s not22
enough information. That it’s too large. That it should be a23
two phase instead of a consolidated.24
If you chooose to go that way, he would approve.25
If not, he will vote to deny.26
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COMMISSIONER PARSONS: Well, not that we can1
change his mind. He’s not here –2
(Laughter.)3
But what we traditionally do is, if we get half-4
way through a case and determine that they have not made the5
case to the level of the second stage, we can convert it on6
the spot, and we’ve done that.7
In other words, give the applicant the benefit8
of the doubt at this point, and then if we get halfway through9
the hearing and say, ‘gee, it’s not there’, we can announce it10
at that time. Because I do agree with him, at this juncture11
there’s just not enough information.12
We need materials -- and more than sketches of13
houses, and so forth.14
I would absolutely agree with what --15
CHAIRPERSON KRESS: Not in the sense of needing16
the two stage, but in the fact that --17
COMMISSIONER PARSONS: Certainly if -- that was18
my thought sitting in my living room as well, ‘Wait a minute,19
this is not the standard that we’re used to’.20
CHAIRPERSON KRESS: Yes.21
COMMISSIONER PARSONS: So --22
MR. BASTIDA: Mr. Parsons is correct, and I’m23
sorry that I didn’t pay much attention to what the Office of24
Zoning certified as being complete. Because if I would have25
paid more attention, I would have discovered that I would have26
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tried to remedy prior to this meeting.1
CHAIRPERSON KRESS: Well, basically I don’t2
think there’s any problem. I think that the applicant, as you3
said, is here, and the Office of Planning will work with the4
applicant so that we get all the appropriate information, and5
I would go along with what Commissioner Parsons has said. If6
in fact for any reason there is inappropriate information at7
the hearing, then we can at that point make it a two-step8
process.9
If there isn’t any more discussion -- oh, you10
still have some more discussion. Excuse me, Commissioner11
Parson.12
COMMISSIONER PARSONS: Well, as is usually the13
case when we’re adjacent to one of the forts in this city, I’m14
interested in any impact that may occur to the fort itself,15
and the views of the city.16
I’m fairly certain that the first fold-out17
drawing behind the cover sheet shows in its left edge, what I18
think is the fort. That is -- it's now a play area, an19
outdoor recreation area. And the views are from that point20
out across this site, and I’m fairly certain –21
CHAIRPERSON KRESS: Oh, that’s a high point?22
COMMISSIONER PARSONS: Yes.23
I’m fairly certain that this project won’t24
impinge on those views, because it’s relatively high, but if25
they could do a site analysis across here to see if any of26
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these structures are going to intrude on that view, similar to1
the case we had the other evening --2
So that would be my request. To have an3
analysis done similar to the one on Wisconsin Avenue.4
MR. BASTIDA: Madam Chair, could I just take a5
minute of your time?6
CHAIRPERSON KRESS: Sure.7
MR. BASTIDA: It was difficult to hear totally8
Mr. Parsons because of the background noise. Let me just9
reiterate what my understanding is.10
What you’re really looking is –11
COMMISSIONER PARSONS: Can’t hear you.12
(Laughter.)13
That was worth two points.14
COMMISSIONER PARSONS: Go ahead, I’m sorry.15
MR. BASTIDA: What you’re requesting is compass16
views -- a study view from the fort. How any construction in17
this area would affect those views.18
COMMISSIONER PARSONS: Yes. It certainly19
doesn’t have to be 360 degrees. I mean it’s just across this20
site.21
MR. BASTIDA: Okay.22
COMMISSIONER PARSONS: And I know there’s a high23
rise building that’s been built that never should have been24
built --25
MR. BASTIDA: Right.26
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COMMISSIONER PARSONS: -- and some day may be1
demolished, in this vista as well.2
I know the vista is compromised, but --3
MR. BASTIDA: Okay.4
COMMISSIONER PARSONS: -- let’s not let this5
project do the same thing.6
MR. BASTIDA: Okay. Thank you for the7
clarification, and I’m so glad you can hear me now.8
CHAIRPERSON KRESS: All right. If there isn’t9
any more questions, we’ll go ahead and call the vote.10
All of those in favor signify by saying aye.11
(Chorus of ayes.)12
Opposed.13
(No response.)14
MS. PRUITT-WILLIAMS: Staff will record the vote15
as four to zero, a motion made by Mr. Franklin, seconded by16
Mr. Hood, for approval of a consolidated PUD, set down for a17
consolidated PUD.18
CHAIRPERSON KRESS: I believe you stated that19
Mr. Clarens said that –20
MS. PRUITT-WILLIAMS: In opposition.21
CHAIRPERSON KRESS: He would be in opposition,22
so if should be 4-1.23
MS. PRUITT-WILLIAMS: 4-1.24
CHAIRPERSON KRESS: Thank you.25
All right.26
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MS. PRUITT-WILLIAMS: Madam Chair, the next item1
on the agenda of final actions --2
The Commission has taken proposed action on the3
following cases, and final action is now requested.4
The first item for your review is 98-19, Text5
Amendments, Zoning Commission Board of Zoning Adjustments6
Rules of Practice and Procedures.7
In your packets you should have NCPC Report8
along with the draft order and some additional comments.9
CHAIRPERSON KRESS: All right. Thank you.10
Has the Office of Planning had a chance to look11
at the information, Mr. Colby, that came in from DCBIA, Ms.12
Kahlow and Mr. Williams, and the NCPC?13
MR. COLBY: We’ve had an opportunity but haven’t14
availed ourselves of that opportunity and would be happy to15
look at it now quickly while you’re discussing the case.16
CHAIRPERSON KRESS: Well, one of the things, and17
I was going to talk to -- ask my fellow commissioners is -- I18
found several things in here that I would like to have the19
Office of Planning’s opinion on as well as perhaps even DCRA’s20
opinion on, since there are some issues that we haven’t -- I21
believe there may be refinements on what we have been22
discussing, but they are issues that we haven’t particularly23
discussed.24
And depending on my fellow commissioners, I25
might like to go through and point those out and then ask the26
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Office of Planning to review those and review them with DCRA,1
particularly Amando Lorenco, and hold off voting on this until2
next month.3
MR. COLBY: We’d be happy to do that.4
CHAIRPERSON KRESS: Is that all right --5
agreeable?6
(Chorus of ayes.)7
CHAIRPERSON KRESS: All right, let’s just -- I'd8
just like to highlight several of them and anything else9
that’s in here -- feel free.10
Obviously the comments of NCPC need to be11
reviewed and given great play. I believe that the same kind12
of comment is addressed by Mr. Williams and by Ms. Kahlow, and13
so I’m not sure what the appropriate rendition is, but I think14
we need to look at the height regarding that roof structure.15
The –-16
COMMISSIONER FRANKLIN: Could I observe, Madame17
Chair, that we would not have authority to adopt any18
regulations that flew in the face of the statute referred to19
by the National Capitol Planning Commission. So it seems to20
me that their clarification is useful, but as a legal matter21
wouldn’t make much difference.22
CHAIRPERSON KRESS: Uh – huh.23
There are other proposals, and I believe --24
COMMISSIONER FRANKLIN: Yes.25
CHAIRPERSON KRESS: -- we need some clean up on26
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the wording --1
COMMISSIONER FRANKLIN: Right.2
CHAIRPERSON KRESS: -- and I was just asking OP3
for its recommendation.4
Regulating to DCBIA, I think we have already5
discussed their Item 1, and at this point we felt that we were6
not going to be putting the time frames on ourselves, until we7
had a chance to become organized and hire appropriate people8
and be able to meet the deadlines of the 30 days, 60 days,9
what have you.10
And I believe we agreed before that, at the time11
when we have the appropriate people hired and are able to12
function and meet deadlines, we will then revise our rules to13
incorporate them, but for right now, unless someone disagrees14
with me, we wouldn’t be addressing DCBIA’s comment Number 1.15
Comment Number 2 has an interesting part to it,16
and its Number 2 which is to allow the applicant to rely upon17
its written submission as its case in chief at the public18
hearing with an opportunity for questions from the Commission19
and cross examination from parties.20
I don’t know if we need to add that, but I think21
that’s something that would sure help us to expedite NBZA.22
It’s proposed both through the Zoning Commission and NBZA, and23
I would like the Office of Planning to look at that if they24
would.25
COMMISSIONER FRANKLIN: That would presuppose26
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that other parties would have the full case submission before1
them, so that they could ask questions.2
CHAIRPERSON KRESS: And again I’m not3
saying that we’re making any decisions on these. I’m just4
pointing out things that I would like the Office of Planning5
to look at. I would like them to review this, but6
particularly look at Number 5 --7
COMMISSIONER HOOD: Madam Chair, can we just8
back up to Number 4?9
CHAIRPERSON KRESS: Uh-huh.10
COMMISSIONER HOOD: I think that I see this man11
proposing in by deleting 40 days and inserting 30 days.12
CHAIRPERSON KRESS: We’ve already discussed13
that. I don’t see us going back to that.14
COMMISSIONER HOOD: Right. Okay. That’s fine.15
CHAIRPERSON KRESS: I just, again, I’m just16
trying to point out perhaps areas that we can look at, that we17
haven’t completely before.18
Number 9 I suggest looking at. Number 11B,19
Number 15, Number 16, Number 17, Number 18 and Number 20 which20
is the same roof structure requirements that we’ve addressed21
before.22
Lindsley Williams, I suggest taking a look at23
the flexibility regarding roof structures. He has several24
points on that same issue.25
The administration of the flexibility26
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requirements, and the submission of the proposed order, and1
the effective date. I think the effective date is a very2
important one as it relates to adopting the regulations and3
when they take effect.4
Mr. Williams’ letter here proposes four weeks5
and notification. There may be parts that can be effective6
immediately, and other ones that we need to set up a date at7
which it takes effect. I don’t think we’ve really spent time8
looking at how this takes effect and when it takes effect from9
our passage.10
And Ms. Kahlow’s letter, she points out a couple11
of things. One relating to the party definitions which I12
think we can look at a little bit again. She also points out13
that in our rules and procedures, the BZA version in the time14
frames provides no time for supporters to testify when we15
limit with our one hour rule, and that seems like a typo. So16
I think we should take a look at that.17
If anyone else has any other points, what I18
would then do at this point is just to ask Office of Planning19
if they would review it. Bring us comments at our next20
meeting, and then we can discuss all the details at our next21
meeting.22
Is that all right with everyone?23
Okay, with that we’ll --24
MR. COLBY: I assume we’re not getting no25
continued pressure or inquiry by the Control Board.26
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CHAIRPERSON KRESS: Yes, we are getting inquiry1
and we should be passing this at our next meeting.2
MR. COLBY: All right.3
CHAIRPERSON KRESS: I just felt that there were4
a few clean up items --5
MR. COLBY: Oh, I agree with you. I just --6
you're the one who will withstand the pressure, so good luck.7
CHAIRPERSON KRESS: Thank you.8
MS. PRUITT-WILLIAMS: The next item on the9
agenda is 98-9 Map Amendment-Petition to rezone from R-4 to10
Arts/C-2-B for the 1900 block of Ninth Street, Northwest, for11
lots 33-0-33, 800, I’m sorry, it should be 33, 800, 802, 80412
through 807 and 824 in Square 393.13
You have a draft order and the NCPC report14
before you.15
CHAIRPERSON KRESS: Did everyone get the draft16
order?17
(No response.)18
COMMISSIONER FRANKLIN: Madam Chair, if I’m not19
mistaken, I did not participate in that matter.20
CHAIRPERSON KRESS: Okay.21
COMMISSIONER FRANKLIN: That was November 23rd?22
Did I –-23
MS. PRUITT-WILLIAMS: Yes, correct Mr. Franklin,24
you did not participate in that.25
COMMISSIONER HOOD: I received the National26
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Capitol Planning Commission’s, but I didn’t receive anything1
else with that.2
CHAIRPERSON KRESS: Okay, then –-3
COMMISSIONER HOOD: I didn’t see it –-4
COMMISSIONER PARSONS: It was at your place5
today when we got here.6
COMMISSIONER HOOD: Oh, okay. Well, I have it7
now.8
CHAIRPERSON KRESS: Are you uncomfortable about9
voting since -- I came early and read some of these things.10
Actually Ms. Pruitt-Williams was nice enough to come into the11
office on Sunday and fax it to me at home, so I could read it.12
(Silence.)13
CHAIRPERSON KRESS: Have you had a chance to14
review it, Commissioner Parsons? Are you comfortable, or15
would you prefer to –-16
COMMISSIONER PARSONS: I’m speed reading it as17
you speak.18
CHAIRPERSON KRESS: Okay, then I will just be19
quiet for a few minutes and give you a -- would you like to20
speed read --21
COMMISSIONER HOOD: Right, I’m speed reading.22
CHAIRPERSON KRESS: Okay. Thank you.23
(Long pause.)24
CHAIRPERSON KRESS: If you want, we might as25
well go ahead and take a look at 90-20 F, which is an old case26
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was handed out also today. So you might want to read 90-20 F1
as long as we have taken a few minutes to read. All right.2
We will return to the record, and the case for discussion3
right now is 98-9 which is the map amendment 1901 to 19174
Ninth Street, Northwest, the Jackson’s. This is for final5
action. Are there any comments on the order as written --6
final order as written?7
MS. PRUITT-WILLIAMS: Madam Chair, staff would8
just like to make a note that this is a new format that we’re9
trying out and would like any comments back on how we’ve10
worked with court counsel to try to make them a little bit11
more concise and a little clearer and easier to read for12
everyone.13
CHAIRPERSON KRESS: I think you have done that,14
and I would definitely applaud this effort and what has15
happened in the way you’ve put it together and formatted it.16
COMMISSIONER PARSONS: Madam Chair?17
CHAIRPERSON KRESS: Yes, question?18
COMMISSIONER PARSONS: I have a point on number19
2 on page 4 that I’d like to clarify and this has to do with20
the ANC’s position in this matter having to do with their21
point that they felt that this area was intended as a buffer22
between residential and commercial uses. And I want to23
suggest a change to everything after the words “zoning24
regulations” on line 4 -- 3.25
COMMISSIONER PARSONS: So I would -- I would –26
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CHAIRPERSON KRESS: You’re talking about under1
conclusions of law on number 2 --2
COMMISSIONER PARSONS: Yes, I’m sorry, number 2.3
CHAIRPERSON KRESS: Would you like to read what4
you propose?5
COMMISSIONER PARSONS: So where we get to the6
words, it says ‘commercial uses is not supported by the zoning7
regulations’. I would change ‘or’ to ‘nor’, and say, ‘nor did8
the ANC offer any evidence to support this position’. In9
other words take out "presented in the record".10
CHAIRPERSON KRESS: I see.11
COMMISSIONER PARSONS: Because indeed their12
testimony is evidence. So I’m trying to get -- what this13
really is meant to say, is that they’ve produced no evidence,14
which is more hearsay.15
So it would read, ‘nor did the ANC offer any16
evidence to support this position’. Otherwise I have no17
problems with it.18
CHAIRPERSON KRESS: Commissioner Hood, is that19
acceptable to you?20
COMMISSIONER HOOD: Yes, that’s acceptable.21
That’s fine.22
CHAIRPERSON KRESS: Did you have any other23
comments yourself?24
COMMISSIONER HOOD: No, that was one of my25
concerns too, but with that I’ll make a motion that we move to26
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accept Case Number 98-9 as written –-1
CHAIRPERSON KRESS: Thank you.2
COMMISSIONER PARSONS: Second.3
COMMISSIONER HOOD: -- with the necessary4
corrections.5
CHAIRPERSON KRESS: Any further discussion?6
All in favor signify by saying aye.7
(Chorus of ayes.)8
MS. PRUITT-WILLIAMS: Madam Chair, staff would9
record the vote as four to -- Mr. Parsons, I mean Mr. Clarens10
--11
CHAIRPERSON KRESS: Mr. Parsons, Commissioner12
Hood, and hopefully Commissioner Clarens, myself and13
Commissioner --14
MS. PRUITT-WILLIAMS: Oh, I’m sorry, I was15
reading it incorrect -- correct, I’m sorry.16
MS. PRUITT-WILLIAMS: Three to zero to approve,17
with Mr. Franklin and Mrs. Kress not voting, not having18
participated.19
CHAIRPERSON KRESS: Not having heard the20
proceedings. Thank you.21
MS. PRUITT-WILLIAMS: The next item on your22
agenda is 90-20F/87-4P. A PUD at Capitol Point, Extension of23
Order Numbers 700, 700-A, B, and C.24
CHAIRPERSON KRESS: Any discussion?25
If not, may I have a motion?26
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COMMISSIONER HOOD: Madam Chair, this was the1
piece that was not in our packets.2
CHAIRPERSON KRESS: No, that’s the one I told3
you to take a --4
COMMISSIONER HOOD: Right. Can I just ask a5
question?6
CHAIRPERSON KRESS: Certainly.7
COMMISSIONER HOOD: I guess it can go to staff.8
Why is it that we get things that are not in our packets? I’m9
still trying to learn and get the grasp of this. It’s10
unfortunate that I have to come up here and rush through11
trying to read something at a public meeting.12
I think that these things -- I don’t know13
whether it was submitted late or what, but we need to tighten14
that up, I believe.15
MS. PRUITT-WILLIAMS: Mr. Hood, that’s a staff16
issue that we’re working on. That’s not any of the17
applicants’ --18
COMMISSIONER HOOD: I think it’s unfair not only19
to the Commission but also to people who come to the meetings.20
Thank you.21
COMMISSIONER FRANKLIN: Madam Chair, I’ll move22
to approve this as submitted, with the exception of the23
spelling of your name --24
COMMISSIONER FRANKLIN: -- on page 3.25
CHAIRPERSON KRESS: Thank you.26
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COMMISSIONER PARSONS: Second.1
CHAIRPERSON KRESS: Any further discussion?2
All in favor signify by saying aye. Aye.3
(Chorus of ayes.)4
MS. PRUITT-WILLIAMS: Staff would record the5
vote.6
CHAIRPERSON KRESS: Opposed?7
MS. PRUITT-WILLIAMS: Four to zero to approve,8
Mr. Clarens not present, not voting.9
CHAIRPERSON KRESS: Thank you.10
MS. PRUITT-WILLIAMS: The next item on the11
agenda is a consent calendar item. The National Academy of12
Sciences has submitted an application for a minor modification13
of a PUD and related map amendment, from an SP2 to a C3 for14
lots 15 through 19, 24, 25, 822, and 823, and a portion of a15
closed public alley in square 488 at Fifth Street, Northwest.16
The National Academy of Sciences proposes to17
construct a ten story building with general office and retail18
use incorporating the facades of certain historical buildings.19
This project will have a height of 120 feet20
maximum, an FAR of 4.64, I mean 7.64, a lot occupancy of 9921
percent and a gross floor area of 338,125 for office and22
retail. It will also include 313 stacked parking spaces, and23
8 to 10,000 square feet will be devoted to retail use.24
The applicant proposes to modify the concourse25
level underground to allow for parking, and parking office26
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space only. The proposed change will result in an increase of1
parking from 313 to 425.2
The initial order authorized by the Commission3
did not include the space in the concourse in the general4
gross square area.5
The proposed change will result in a reduction6
of nine percent of the space set aside for office use.7
This project has had a long history of8
extensions, with the original order being approved in July of9
1990. Subsequent to this order, the PUD has been modified or10
extended six times with the Zoning Commission extending the11
validity of the order until December 9, 2000, with12
construction to begin by December 12, 2001.13
When this request initially came into the14
office, it was indicated that there is a change which is15
really a .09 change in percent, and due to that proposed16
limited impact, staff did not refer this to OP. However,17
since then it has been corrected. So we have not sent this to18
OP, but you may want to given that it’s not a .9 -- .09 change19
but a nine percent change, and the fact that this has had a20
lot of amendments and extensions over the year.21
So it’s before you for decision.22
CHAIRPERSON KRESS: Thank you, Ms. Pruitt-23
Williams.24
First of all I want to make sure -- we got two25
sets of this, and I wanted to make sure that we all have the26
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same one. This is dated April 2nd, the other was dated, I1
believe, in February, late February. So I wanted to make sure2
that we were all looking at the same letter and the same3
proposal.4
One of my concerns is the age of this, and also5
the fact that the D.C. Preservation League is working and in6
the middle of discussing some major changes to this building7
with the architect. And in reading the original order,8
basically, all of the design issues were left to the9
Commission of Fine Arts and the HPRB. And I’m a little10
concerned that now as they’re looking to go ahead, major11
design changes are happening, and we’re not having the12
opportunity to look at them in any way or review them in any13
way.14
The original order does say that the materials15
in the end need to come back to the Zoning Commission, if I16
read it correctly, at the time of construction, the materials17
need to be submitted to the Zoning Commission.18
But I’m concerned of the massive number of19
changes that we’re not looking at or reviewing, and I20
personally would like to have OP look at some of this.21
Does anyone else feel as I do?22
COMMISSIONER FRANKLIN: Well, I’d like to ask23
the staff, is this going to be built, in your judgment?24
MR. COLBY: Yes. The comment was made by Ms.25
Kress that the project is very old. The fact is that these26
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changes are meant to have somebody’s -- for the project to1
move forward immediately and finally get off the lingering PUD2
list. That’s our understanding. And it will be built.3
COMMISSIONER FRANKLIN: Do you have a list of4
lingering PUD’s?5
MR. COLBY: I don’t have such a list, but I know6
that I could create a -- there is a list of PUD’s that --7
COMMISSIONER FRANKLIN: I would like very much8
if you could give us a list of what we might call lingering9
PUD’s, because I’m loaded forbear on them.10
COMMISSIONER FRANKLIN: However, if this is11
something that -- I agree with the chairperson that, you know,12
we ought to be looking at what turns out to be the final13
design.14
CHAIRPERSON KRESS: With so many substantial15
changes, at least that seems to be what I’m reading in the16
letters, I'm a little uncomfortable just continuing to do17
modifications.18
COMMISSIONER PARSONS: Well, Madam Chair, I want19
to give you a little history here, this was a period of time,20
1990, with Tirsch Bozberg and Bill Ensign, specifically, and21
Lloyd Smith for that matter, that they were not comfortable.22
I didn’t concur with that. They were not comfortable with23
giving design judgments from this. They kept saying that we24
are not a commission of fine arts. We are not a design review25
body. Which, as you can imagine, frustrated me immensely.26
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COMMISSIONER PARSONS: But I never held back.1
They did.2
(Laughter.)3
COMMISSIONER PARSONS: So if you want to know4
why we did what we did -- the Commission of Fine Arts and the5
Historic Preservation Review processes that were ongoing at6
the time and continue, are normal processes, we know it today,7
because of the composition of this commission, was handed off8
to others, which I really didn’t have much problem with.9
Because of the historic buildings, the10
firehouse, everything that’s going on here, I felt confident,11
and still do, that whereas we may have let go of what we call12
jurisdiction today, it was in good hands.13
I also don’t see –14
CHAIRPERSON KRESS: With this much flexibility -15
- everything was flexible, basically everything.16
COMMISSIONER PARSONS: That’s right. I know.17
It was a much different time. We’d never do this today, I’m18
sure.19
But to change gears, maybe we should refer to20
the staff, or maybe Mr. Colby already knows how many changes21
have occurred. But certainly this amendment that’s before us22
is not resulting in the kind of change that you’re concerned23
about.24
CHAIRPERSON KRESS: No. It was all of the25
material when I read it that I became concerned about, not26
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this particular change.1
COMMISSIONER PARSONS: Right.2
CHAIRPERSON KRESS: Like to me this change is3
the tip of the iceberg. Or in this case all underground, all4
underwater, so we can’t see it.5
COMMISSIONER FRANKLIN: Well, I’m persuaded by6
Mr. Parsons that it’s too late in the day for us to reassert7
whatever prerogative we choose to have. I would not be -- I8
would not want to be a party to delaying this project, if in9
fact it’s on its way.10
I assume that whatever changes are made would11
have to go before the Commission of Fine Arts, unless they12
themselves have, you know --13
COMMISSIONER PARSONS: Yes.14
COMMISSIONER FRANKLIN: So under the15
circumstances, I guess I would not want to reassert our16
prerogative in terms of looking at the design.17
COMMISSIONER PARSONS: I’m trying to recall, but18
I think their jurisdiction here is unusual, because it faces19
Judiciary Square. I think, unlike most buildings that we look20
at, Fine Arts doesn’t look at at all, this one they have21
jurisdiction, as they do along Rock Creek Park, for instance.22
But I’m not certain of that, but it was that23
reason that we left to the expertise of others, design24
judgment.25
CHAIRPERSON KRESS: I’m persuaded, Commissioner26
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Parson.1
So what is the Commission’s --2
COMMISSIONER PARSONS: Well, I think this is an3
appropriate matter for a consent calendar, and that we should4
approve the modification as submitted.5
CHAIRPERSON KRESS: Is that a motion?6
COMMISSIONER PARSONS: That’s a motion.7
COMMISSIONER FRANKLIN: Second.8
CHAIRPERSON KRESS: Motion made and seconded.9
Discussion?10
COMMISSIONER HOOD: Yes. I didn’t sit on this11
case I did read through the documents, does that make me12
qualified?13
CHAIRPERSON KRESS: Yes.14
COMMISSIONER HOOD: I'm sorry, I was just saying15
that I did read through the document, but I didn’t actually16
participate on the case, so that makes me --17
CHAIRPERSON KRESS: So actually no one sitting18
here participated on the original case. We all had to get --19
MS. PRUITT-WILLIAMS: Except for Mr. Parsons.20
COMMISSIONER HOOD: But I notice I saw21
everyone’s name except for --22
CHAIRPERSON KRESS: Because there had been --23
had been --24
COMMISSIONER HOOD: -- some modifications.25
CHAIRPERSON KRESS: -- modifications, as it’s26
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gone on.1
COMMISSIONER HOOD: Right. Okay.2
COMMISSIONER PARSONS: But you’re well prepared3
to deal with this issue --4
(Laughter.)5
COMMISSIONER HOOD: Okay. I did look through6
the books, so --7
COMMISSIONER FRANKLIN: We all have open minds,8
and John has filled them.9
(Laughter.)10
CHAIRPERSON KRESS: All right. All those in11
favor of approving this minor modification signify by saying12
aye.13
(Chorus of ayes.)14
CHAIRPERSON KRESS: Opposed.15
(No response.)16
CHAIRPERSON KRESS: Motion carries.17
MS. PRUITT-WILLIAMS: Staff will record the vote18
as four to zero to approve. Motion made by Mr. Parsons,19
seconded by Mr. Franklin, Mr. Clarens not present, not voting.20
CHAIRPERSON KRESS: I would note that we do have21
approval of the materials, so the applicant should be aware22
that at the time all else is resolved and they’re ready to go23
ahead, that they are to submit at least the materials to us24
for review prior to construction.25
With that we’ll move on to the Office of26
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Planning monthly report.1
MR. COLBY: Fine, and I’d like to piggyback a2
response to the Commission on open space as part of this, of3
our status report.4
The status report itself, the only changes we’ve5
made to it, are what I’d call logistical changes indicating6
where a hearing has been held or where the record has been7
held open. And those changes are indicated, as usual, in8
italics, and they’re fairly minor, although important case by9
case.10
I’m not inclined to go through and point to each11
of those, but would rather spend a couple minutes trying to12
respond to the Commission’s question on open space zoning,13
which I think was generated by some discussion by John14
Parsons, and I believe Ms. Kress was the one who asked for the15
information.16
We, or I specifically, researched the copiance17
of plan amendments, and while that’s a fairly hefty document,18
and I could have overlooked something, all I could find that19
is changes is contained in the first attachment to our20
memorandum to you which is a very minor refinement of a Ward 621
policy which did originally, and still does, request that the22
Commission establish an open space zone.23
I’m not sure whether it was John Parsons or this24
policy which got us into the business of looking into, way25
back in 1987, I believe, looking into open space zoning, and26
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the possibility of there being such a zone.1
The report I should point out, the draft report2
that’s attached, I dragged that out of the files. It’s a3
report that I believe has been provided to the Commission4
before. It has no date on it, it has not been updated in5
recent times. It is the report that was produced and was at6
the time a working document which was the result of the study7
ten years ago or so on open space zoning.8
I hesitated, and perhaps should have not9
included it at all, because in some ways it raises more10
questions than it answers. But in any case as regards the com11
plan, there’s very little change I believe to the plan as12
regards open space zoning. But there is clearly the original13
request in the Ward 3 plan portion of the plan which does14
speak to the need for an open space zone.15
And with that I’ll shut up and answer any16
questions that you may have, that I can answer.17
COMMISSIONER PARSONS: Well, this is a banner18
day, for me. Yes, it was my initiative in 1987. It was based19
on the federal open space element of the comprehensive plan,20
open space and natural features which is a federal element.21
But it urged the city to undertake zoning and other techniques22
around park areas to protect them.23
The -- I'm trying to be careful here. The24
ensuing debate between myself and Mr. Green resulted in major25
misunderstanding on this issue between the two of us. He was26
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thoroughly convinced that I was out to take property rights1
away from people, and that was not the intent at all.2
As a matter of fact, the tree and slope overlay3
which followed and was applied in certain locations is exactly4
what I was talking about. But it took us about 18 months to5
communicate on that issue. I’m being very careful about my6
words here.7
So much of this memorandum goes to trying to8
give me a short course on property rights. If you have time9
to read it, you’ll see that.10
Since that time then, what I’ve said to you all11
and others is, the Southwest waterfront issue that we went12
through is a perfect example of what I was trying to do -- is13
to establish uses in open space that we would allow to be14
there. Miniature golf courses, parking lots, golf courses,15
cemeteries, that kind of thing -- that there would be economic16
return on these things.17
The second thing that I was trying to do, and I18
think we should try to do, and I’ll keep pushing it and would19
be glad to chair a task force or anything the Commission might20
want us to do from here, is to take care of the issue that’s21
now occurring at the Soldier’s Home, where you have federal22
property that we’ve all taken for granted as open space. It’s23
green on the comprehensive plan.24
The Soldiers’ Home is in trouble financially, so25
they’ve decided to sell it for subdivision. And some poor26
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soul will be in here before us – no, some developer will be in1
here before us in about a year saying, ‘Hi there. I bought2
this from Catholic University, or whatever, and I want to3
build 90 townhouses.’4
And that to me is inconsistent with the5
comprehensive plan. And there ought to be some way that we6
can warn Catholic University or a developer, that if they’re7
going to buy that property, it’s going to be used for a golf8
course or a cemetery or something of that ilk -- not what the9
adjacent zoning will bring. And that’s what happens.10
And I know you don’t want to hear this, and11
we’re short on time, but I would urge us to either ask the12
Office of Planning to set up a task force, which is what we13
did last time, or pursue what I just said and come back with14
language, whatever. But the Park Service is extremely15
interested in this, and I think we all should be.16
The second misunderstanding I’ll finish with17
Fred Green was, ‘You can’t zone federal property.’ And that’s18
not what I meant, but you’ll see a lot of that in here too.19
So hopefully with more open eyes on both sides,20
we can come to a more positive result this time.21
CHAIRPERSON KRESS: Mr. Colby, you’ve heard22
Commissioner Parson’s suggestions. Do you believe a task23
force might be an appropriate way -- what are your thoughts24
given Commissioner Parsons’ concerns?25
MR. COLBY: Well, it may -- and I’m not Fred26
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Green, but I played a relevant role in the project previously,1
and while I’m not at all certain that a further study or2
another study basically, and another task force will do what3
John has in mind, it’s been so long since we did this before,4
that I don’t think it’s unreasonable to look at it again.5
I would only ask, plead, or say --6
CHAIRPERSON KRESS: -- that it not be -- not7
right now --8
MR. COLBY: -- that we wait until we get the9
staff, which we’re hoping to -- that we have as part of the10
budget, and that we wait for a new planning director to lead11
us through that process.12
CHAIRPERSON KRESS: Well, as you know, we’re in13
the same position as officers --14
MR. COLBY: And I would advise that director to,15
given whatever else is on his or her plate, that this is a16
study that needs to be done. That the Commission is very17
interested in it.18
CHAIRPERSON KRESS: Well, perhaps it can be19
added to the -- your status report as --20
MR. COLBY: It’s actually there, but we could21
revise the status report to reflect this discussion today.22
CHAIRPERSON KRESS: Exactly, and that the23
thought is to set up a task force and further study it. If24
that’s all right. And we would probably think a couple of25
months until you have the staff on board and could be getting26
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this --1
MR. COLBY: It’ll be longer than that, because2
the staff we’re talking about will be part of the 99, I meant3
the 2000 budget.4
CHAIRPERSON KRESS: Oh, so you can’t have them5
until October.6
MR. COLBY: So that would be October, when we7
would start the process of hiring, and it would be actually8
the millennium, or at least the first portion of the9
millennium, before we might have them on board.10
Well anyway, that’s our problem, but I would11
only add that we also have initially a major, comprehensive12
plan consistency exercise, that we’ve got to go through13
jointly to -- coming from the comprehensive plan, 199814
amendments, and --15
COMMISSIONER PARSONS: Well, would there be any16
objection for the Park Service to give a whack at making such17
a report and working with David?18
MR. COLBY: I’d be happy to do any of that.19
It’s just that, I know the first time around, the project took20
a fair amount of staff time on our part. And we sort of went21
around and around. I’m not sure that we made a lot of22
progress, but we spent a lot of time doing what we were doing.23
And I’d be happy for any assistance that you24
could provide --25
COMMISSIONER PARSONS: Let’s try that.26
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MR. COLBY: -- and we would try and accommodate1
that.2
COMMISSIONER FRANKLIN: Could I just voice some3
vagrant thoughts on this subject?4
(Laughter.)5
The Soldier’s Home example is an interesting6
one, because I don’t think the Commission should feel itself7
intimidated by the sale of federal land, and somebody coming8
in and wanting to zone it for development, when it’s been an9
open space.10
Any lawyer who represents a purchaser that11
doesn’t make that sale contingent upon, you know, the decision12
of the Zoning Commission with respect to the way in which the13
land will be zoned, is really guilty of malpractice, it seems14
to me.15
The fact that there’s been a sale, does not16
force our hand one whit in terms of how we zone that land.17
Albeit, the fact that it’s in private ownership, we have to18
allow a certain amount of economic utility. So we can say,19
you know, you can put in a golf course or a pitch and putt or20
whatever.21
However, it does seem to me that if we are going22
to be confronted by the sales of federal properties for23
development, it would be worthwhile for somebody to think of a24
way in which the Commission might signal its views about this.25
Not necessarily in a firm regulation, but maybe having a26
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regulation as to what the standards would be to entertain the1
rezoning of land that is transferred from federal to private2
ownership.3
And specially addressing the open space4
character of that land. So once it gets onto our regulations,5
it’s out there as a signal that this is going to be a very,6
very tough row to hoe. If that’s what you’re really driving7
at.8
MR. COLBY: Yes. The process now is just9
ridiculous.10
There’s a property of 25 acres next to McMillan11
Reservoir that GSA put on the market, and the city bought for12
nine million dollars. And the value was determined based on13
the adjacent zoning. And the city bought it 15 years ago and14
hasn’t figured out what to do with it, but --15
There should be some way to signal that just16
because it’s R-4 across the street doesn’t mean that we’ll be17
persuaded that R-4 is a substitute for open space.18
CHAIRPERSON KRESS: We’ve got 15 more minutes19
and a lot to accomplish, but I think that Commissioner20
Franklin’s thoughts could also be a part of ultimately what21
this task force would be looking at -- that Commissioner22
Parsons has recommended.23
I would just like to ask one thing. Where is24
the Chain Bridge University Terrace overlay? The status25
report mentions that the proposed action was on February 8th.26
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Where’s our final action? Did we do final action, Sheri?1
MS. PRUITT-WILLIAMS: Yes, I’ll let the staff2
person answer that.3
MR. ERONDU: Madam Chair and the rest of the4
Commission. The letters of proposal just went up this5
afternoon. There were a lot of changes done by the Office of6
Corporation Counsel even in the text, which I had to send it7
back to OP because they rejected the text. And they brought8
it back, sent it back again to the Office of Corporation9
Counsel where we finally worked something out today and it’s10
on for publication.11
CHAIRPERSON KRESS: So do you believe it will be12
ready for us at our next meeting?13
MR. ERONDU: Depending on the comments that we14
make on the notice of proposal that we’re making even if the15
comments are not very much, something to be addressed, even if16
that is the case, you'll get a draft order.17
CHAIRPERSON KRESS: All right. Thank you.18
MR. ERONDU: Thank you.19
CHAIRPERSON KRESS: Any other questions?20
COMMISSIONER HOOD: Ms. Kress, can I make a21
statement right quick before I forget? I know we only have a22
few minutes.23
CHAIRPERSON KRESS: Sure.24
COMMISSIONER HOOD: I just wanted to thank25
Chairman Kress and also Sheri Pruitt-Williams for the fine job26
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they did, and for a job well done in justifying our budget and1
Office of Zoning.2
I just wanted to put that on the record.3
CHAIRPERSON KRESS: Well, thank you. I4
appreciate that.5
With that we’ll move on to the correspondence6
and Ms. Pritt-Williams.7
MS. PRUITT-WILLIAMS: Yes, Madam.8
You have several pieces of correspondence. The9
first one is 88-16C Consolidated PUD, at 901 New York Avenue,10
with a letter from Wilks, Artirst requesting an extension for11
two years.12
There’s our memorandum and an OP’s memorandum13
also before you.14
CHAIRPERSON KRESS: Okay. Thank you.15
This is another one with a lot of designer16
flexibility -- design flexibility built into this.17
Any comments on this -- modification for18
extension?19
COMMISSIONER FRANKLIN: Well, Madam Chair, I20
vote in favor of it because of the extraordinary circumstances21
involved in this case, and the fact, if I’m not mistaken, that22
the immunities have already largely been provided.23
Am I correct about that?24
CHAIRPERSON KRESS: Well, at least a million25
six, as I read it.26
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What concerns me is the ANC’s 2F letter where it1
talks about modification of the PUD to permit development of2
the site either as a hotel or an updated office project.3
It appears that this is also in a state of flux.4
I’m not sure what Office of Planning knows, and I’m not really5
sure. Does it appear it’s going to be coming back to us for6
some other modifications?7
MR. COLBY: It could well come back as a hotel,8
which of course the city would support, strongly support, in9
that location, as opposed to the approved office use. If that10
were to fall through then the project would want the right to11
continue as approved as an office.12
But we’re hopeful that the hotel will -- it will13
become a hotel and will come back for a modification to enable14
that to go forward.15
In the meantime it has to just preserve its16
development rights, and we’re very hopeful that this won’t be17
another one on the list, that stays on the list too long, but18
in fact will become that hotel.19
CHAIRPERSON KRESS: Well, in fact this extension20
of time takes it to the twelve years which has been suggested21
in the comprehensive plan as the cutoff for extensions. Is22
that not correct?23
COMMISSIONER FRANKLIN: Well, and then the24
Commission will have to decide, and of course the Commission25
will be deciding on criteria for exceptions to that twelve26
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years. But yes, that’s getting close to the limit where1
exceptions would become important.2
MR. BASTIDA: Madam Chairperson, if I may add3
with the Office of Planning. The applicant representative, he4
stated to me, that they are coming for a time extension to5
have enough time to prepare the drawings and file for a6
modification to the plan, and that this is an exercise, so7
they have enough time to prepare those plans.8
They believe that they have a firm commitment9
for the hotel and that would be coming to this Commission10
pretty soon.11
CHAIRPERSON KRESS: All right. Thank you.12
COMMISSIONER PARSONS: Madam Chairman, I move13
approval.14
CHAIRPERSON KRESS: Thank you. Is there a15
second?16
COMMISSIONER FRANKLIN: Second.17
CHAIRPERSON KRESS: Any further discussion? All in18
favor signify by saying aye?19
(Chorus of ayes.)20
Opposed?21
Motion carried.22
MS. PRUITT-WILLIAMS: Staff would record the23
vote as four to zero to approve motion made by Mr. Parsons,24
seconded by Mr. Franklin.25
CHAIRPERSON KRESS: Thank you.26
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MS. PRUITT-WILLIAMS: Next item on your agenda1
deals with Case 98-1M/97-9C, PUD Modification, Map Amendment,2
and Use of Air Space, and Square 51 at 2200 M Street, the3
Millennium Partners.4
There’s a letter from Ms. Kahlow requesting a5
motion for reconsideration of her party status. Also included6
is a second letter from Ms. Kahlow on that same issue, and7
then a memo to Corporation Counsel requesting advice.8
CHAIRPERSON KRESS: All right.9
I would say that we have gotten preliminary10
advice from Corporation Counsel, and they have suggested that11
the PUD modification is a new proceeding, and so there was no12
carry over from the base PUD as far as to party status. And13
that basically we could rest on our discussions in the14
transcripts as the reasons for rejecting Ms. Kahlow’s party15
status.16
If the Commissioners are in agreement, perhaps17
we can have a motion to --18
What would our motion --19
COMMISSIONER FRANKLIN: -- deny her motion.20
MS. PRUITT-WILLIAMS: Either a motion to deny21
the motion, or a motion to --22
CHAIRPERSON KRESS: -- a motion to deny the23
motion,, excuse me, yes.24
Mr. Franklin, would you --25
COMMISSIONER PARSONS: I would move that we deny26
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the motion of Ms. Barbara Kahlow to reconsider -- for1
reconsideration of her party status.2
COMMISSIONER FRANKLIN: Second.3
CHAIRPERSON KRESS: Any further discussion?4
All in favor signify by saying aye.5
(Chorus of ayes.)6
MS. PRUITT-WILLIAMS: Staff would record the7
vote as four to zero to deny. Motion made by Mr. Parsons,8
seconded by Mr. Franklin, Mr. Clarens not present, not voting.9
And then finally under Other Business, you have10
a memo to Corporation Counsel concerning the refund for Zoning11
Case 91-3C, a Consolidated PUD and Map Amendment from M to C-12
3-C for lots 107, 110, and 820 in square 712, at First, L, and13
M Streets, Northeast, the Woodie’s Warehouse.14
And then there’s also a response from15
Corporation Counsel.16
This is before you for decision.17
CHAIRPERSON KRESS: To decide -- I’m trying to18
figure out exactly what is before us for decision. To decide19
whether we can refund the20
money --21
MS. PRUITT-WILLIAMS: -- the fee.22
CHAIRPERSON KRESS: That the applicant has paid23
for the hearing.24
MS. PRUITT-WILLIAMS: Correct.25
CHAIRPERSON KRESS: We have from Corporation26
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Counsel on this, and they feel there is no statutory or budget1
authority given to the Zoning Commission and have recommended2
that we are not able to return, neither statutorily or from a3
budget perspective, the fee.4
So with that, I would ask for a motion to deny5
the refund of the hearing fee for this case.6
COMMISSIONER PARSONS: So moved.7
CHAIRPERSON KRESS: Second.8
Any further discussion?9
Hearing none, all in favor signify by saying10
aye.11
(Chorus of ayes.)12
Opposed?13
(No response.)14
Motion carried.15
MS. PRUITT-WILLIAMS: Staff would record the16
vote as four to zero to deny the refund of the fee. Motion17
made by Ms. Kress and seconded by Mr. Parsons.18
CHAIRPERSON KRESS: No.19
MS. PRUITT-WILLIAMS: I’m sorry. I thought it20
was made by Ms. Kress.21
COMMISSIONER PARSONS: I made the motion.22
MS. PRUITT-WILLIAMS: I’m sorry. Mr. Parsons23
made the motion, excuse me, seconded by Ms. Kress.24
CHAIRPERSON KRESS: I was fumbling around trying25
to find the words.26
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MS. PRUITT-WILLIAMS: Sorry about that.1
CHAIRPERSON KRESS: One last thing on our2
meeting agenda, and I’m trying to make the 3:15 deadline, and3
that is where we need to meet for the prison. And I would4
like quickly for Ms. Pruitt-Williams to tell us what our5
options are.6
MS. PRUITT-WILLIAMS: Yes, Madam Chair. Because7
we had originally signed up to have the Counsel chambers –-8
CHAIRPERSON KRESS: Commissioner Parsons gets to9
--10
MS. PRUITT-WILLIAMS: -- subsequently, yes,11
Kevin Chavous has scheduled hearings for UDC which bumps us12
out of the Counsel chambers.13
There is no room in this building large enough14
to accommodate the crowds anticipated, and there’s no way that15
we can get D.C. Cable to close-circuit for us. So we’ve had16
to change venues or try to find another venue to accommodate17
the crowds we anticipate.18
On this late date the only place -- there are19
two places that we can get for the same dates, that we have20
already scheduled, which are the 15th, 19th, and 22th. That21
would be the University of the District of Columbia in one of22
their lounges which they have Town Hall meetings or the23
Commerce Building at 15th and Pennsylvania Avenue.24
Now there’s also a third --25
COMMISSIONER FRANKLIN: Are you referring to the26
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departmental auditorium?1
MS. PRUITT-WILLIAMS: Yes.2
COMMISSIONER FRANKLIN: The Mellon Auditorium.3
MS. PRUITT-WILLIAMS: Yes, which holds about 5004
people.5
Now we only have the Mellon Auditorium for two6
days though, the 15th and 19th. That’s what’s confirmed. We7
don’t have three days there.8
There’s a third option which would allow us to9
use the Convention Center for three days in a row, but it10
would be the last three -- well it would be the 25th, 26th and11
27th of April. So that’s a Monday, Tuesday and Wednesday,12
which is not our hearing schedule at all. So.13
Those are our three options before us.14
CHAIRPERSON KRESS: There have been a multitude,15
but this is what it’s boiled down to.16
MS. PRUITT-WILLIAMS: This is what we have17
whittled it down to since last Wednesday.18
COMMISSIONER FRANKLIN: How many people can be19
accommodated at UDC?20
MS. PRUITT-WILLIAMS: 250 to 350.21
COMMISSIONER FRANKLIN: That’s not very big.22
CHAIRPERSON KRESS: I would just say last time,23
for your perspective, is the Counsel chambers holds 275 which24
we did fill because we had to have people outside, and my25
guesstimate, there was at least 50 to 100 outside. And so26
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that gives us an idea --1
COMMISSIONER FRANKLIN: Also UDC is not that2
convenient to a lot of people.3
COMMISSIONER HOOD: Exactly. I believe that4
UDC, especially for the site that is proposed to build a5
prison, UDC is across town. I think we need to find a6
midpoint so we can consider some of the people who are mostly7
affected, as opposed to having UDC.8
I would not be in favor of us having that9
hearing at UDC.10
CHAIRPERSON KRESS: What do you think of the11
Department of Commerce and the Convention Center?12
I will tell you that the Convention Center we13
had tentatively looked at, but the applicant felt strongly14
that they wanted to --15
MS. PRUITT-WILLIAMS: The applicant has a16
conflict on the 27th. They can make the 26th, but they will17
not be in town on the 27th, and I don’t know if they can18
rearrange their plans. We didn’t get that far.19
COMMISSIONER HOOD: One of the things that I had20
made a suggestion on, I don’t know how effective it was, was21
to have Spingarn or Ballou High School, in the auditorium, and22
that would probably solve a lot of problems.23
I know at this late date, it’s probably kind of24
late to do that, but that’s one of the things that I had25
mentioned to Ms. Williams when I tried to call.26
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CHAIRPERSON KRESS: How many people are seated1
in those auditoriums?2
COMMISSIONER HOOD: I’m not sure what the3
capacity is, but I know it’s more than 300.4
CHAIRPERSON KRESS: The problem is that we’ve5
been working on this almost every day, and we are running up6
close on a deadline.7
How do you feel about the Department of8
Commerce, because that auditorium was 500 you said?9
MS. PRUITT-WILLIAMS: Correct.10
COMMISSIONER FRANKLIN: And that’s available11
when?12
MS. PRUITT-WILLIAMS: That’s available for the13
19th and 22nd.14
CHAIRPERSON KRESS: I thought you said 15th and15
19th.16
MS. PRUITT-WILLIAMS: I’m sorry, 15th and 19th,17
yes, I’m sorry. The first two hearing dates.18
CHAIRPERSON KRESS: We might have five hearing19
dates on this. I don’t think we have to necessarily have20
three hearing dates to begin. We can continue and continue21
whatever date we want. I think it’s important that we have at22
least the first date and perhaps we can go somewhere else.23
I’m being concerned because we’ve spent hours24
and hours and hours and around and around, and this hearing is25
this coming Thursday, that we need to, wherever this is, start26
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getting the information out, and that to take another day or1
two to try to figure this out --2
MS. PRUITT-WILLIAMS: We need to get the3
information out wherever it is, because it’s not going to be4
here, where it’s been advertised.5
So we do at least need to get a press release6
out, and it’s something for hopefully the News Channel 8 cable7
to at least identify where it will be, so that we won’t have8
as many people coming here.9
We will have to do something where we’ll have10
staff here and then allow for an extra hour or so, so people11
who didn’t get the notice who comes here, can still get to the12
meeting hearing on time and not have missed anything.13
So we will, of course, notify all the parties14
and ask the ANC’s and parties to disseminate the information15
as much as possible, but we do anticipate there’ll be some16
stragglers, so --17
CHAIRPERSON KRESS: Did we have problems with18
the security at the Department of Commerce?19
MS. PRUITT-WILLIAMS: I have to find out. Based20
on the letter that was sent to us, that it is a charge of21
twenty dollars an hour for the space, plus we will then have22
to pay for security. And I don’t believe that our protective23
services can do the federal projects. That’s what I’m trying24
to get some confirmation on.25
CHAIRPERSON KRESS: And are we going to be26
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asking the applicant to pick up the cost of that or not?1
MS. PRUITT-WILLIAMS: I believe so because, yes,2
we have nothing in our budget to allow for the accommodation3
of any of that.4
CHAIRPERSON KRESS: But I really wanted your5
thought. My thought right now is to set on something for the6
first meeting or two, and then perhaps be able to explore the7
school’s --8
COMMISSIONER HOOD: I really think the9
auditorium sounds like a good idea, almost like a midpoint.10
But again, I would not be in favor of UDC, even though I’m an11
alumnus of UDC --12
(Laughter.)13
COMMISSIONER HOOD: It’s across town, and I14
think that would be putting a lot of people at a disadvantage.15
CHAIRPERSON KRESS: There is still the16
Convention Center, even though the applicant has difficulty17
with that.18
COMMISSIONER FRANKLIN: What are the dates again19
at the Convention Center?20
MS. PRUITT-WILLIAMS: 25th, 26th and 27th.21
COMMISSIONER FRANKLIN: But nothing before then.22
MS. PRUITT-WILLIAMS: No, they’re booked23
already, we’ve already tried. That was their first available24
date.25
COMMISSIONER FRANKLIN: And they would pick up26
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the cost.1
MS. PRUITT-WILLIAMS: There would be a minimal2
cost to the District. I need to get back -- I've only3
confirmed this tentatively on Friday, and Claude Bailey didn’t4
have the details actually at that point of how much it would5
be. But he was going to try to keep it down, since it was a6
District project.7
We wouldn’t have as much cost associated with --8
as much problem. We’d have to have protective services, but9
they’d be District police, and we can move money that way.10
COMMISSIONER FRANKLIN: Well, the 25th is a11
Sunday.12
MS. PRUITT-WILLIAMS: I’m sorry, then it’s 26th,13
27th and 28th. I didn’t have a calendar directly in front of14
me.15
CHAIRPERSON KRESS: It’s Monday, Tuesday,16
Wednesday.17
MS. PRUITT-WILLIAMS: That’s right.18
CHAIRPERSON KRESS: Like I say, the only19
downside is the applicant has already said they have a20
problem. The lawyers have a problem with one of the dates --21
the 27th?22
MS. PRUITT-WILLIAMS: Yes. Except for this has23
been one of these projects that’s been postponed by both sides24
-- or rather three or four times. So this is where we are25
ending up, unfortunately.26
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COMMISSIONER FRANKLIN: Well, my inclination1
would be, at least for Thursday night, to, you know, any port2
in the storm, is to go with the Mellon Auditorium, and in the3
meantime see if there’s some arrangements that can be made for4
the three nights we’ve set aside, and that might be announced5
at that time.6
CHAIRPERSON KRESS: So, if we can explore -- how7
do you feel about --8
COMMISSIONER FRANKLIN: The Convention Center9
seems to me okay. I’m not that excited about a school10
auditorium, because I just don’t know what the security11
arrangements would be, and the speech reinforcement --12
MS. PRUITT-WILLIAMS: The only concern I would13
have -- that was going to be the problem with UDC. We would14
have to rent audio equipment for that, because they don’t15
provide it.16
CHAIRPERSON KRESS: For four thousand dollars?17
(Laughter.)18
COMMISSIONER HOOD: I believe Spingarn has a19
pretty good sound system, at least the last time I was there.20
I’m not sure whether it was rented or not --21
COMMISSIONER FRANKLIN: Well, perhaps we can22
explore that, while we at least can go forward with the first23
one.24
MS. PRUITT-WILLIAMS: -- or the first two. We25
have two confirmed dates, Commerce.26
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CHAIRPERSON KRESS: This could go on for quite a1
few meetings, so I just wanted to make sure that we felt2
comfortable with Commerce.3
COMMISSIONER FRANKLIN: My suspicion is that the4
audience will dwindle as these go on.5
MS. PRUITT-WILLIAMS: And as it does dwindle, we6
can then have them here in our hearing room with no problem.7
CHAIRPERSON KRESS: All right. Our decision is8
Commerce, and we will go with that.9
COMMISSIONER HOOD: Madam Chair, I’d just like10
to add. I did speak with somebody at News Channel 8, so I11
have a connection where we can get that publicized.12
MS. PRUITT-WILLIAMS: Great, thank you very13
much.14
CHAIRPERSON KRESS: Any other discussion or15
business?16
MS. PRUITT-WILLIAMS: No, Madam Chair.17
COMMISSIONER FRANKLIN: Before we conclude this,18
it seems to me -- I don’t know when that UDC hearing was set -19
-20
MS. PRUITT-WILLIAMS: Within the last two weeks.21
COMMISSIONER FRANKLIN: So we got bumped.22
MS. PRUITT-WILLIAMS: Yes. It is the Counsel’s23
policy that a councilman can bump any agency or person using24
the hearing room. And we knew that going in. Of course, we25
didn’t know UDC was coming up. No one could have seen it on26
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the far horizon when we scheduled this.1
COMMISSIONER FRANKLIN: Does Council Member2
Chavés realize -- or did --3
MS. PRUITT-WILLIAMS: I can’t answer that. I4
don’t know, Mr. Franklin.5
(Laughter.)6
COMMISSIONER FRANKLIN: No further comment.7
CHAIRPERSON KRESS: All right.8
MS. PRUITT-WILLIAMS: Thank you.9
If there is no more business, I declare this10
hearing adjourned.11
Thank you.12
(Whereupon, the Regular Meeting of the Zoning13
Commission of the District of Columbia, was concluded at 3:1614
p.m.)15
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